1 APHC010559762011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL MISCELLANEOUS APPEAL NO: 1005/2011 Between: National Insurance Company Ltd., ...APPELLANT AND Kalava Naramma 4 Others and Others ...RESPONDENT(S) Counsel for the Appellant: 1. T S RAYALU Counsel for the Respondent(S): 1. M KARIBASAIAH The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Civil Miscellaneous Appeal No. 1005 of 2011 JUDGMENT: 1. The Civil Miscellaneous Appeal is filed under Section 30 of the Workmen’s Compensation Act, 1923, questioning the Compensation Award Dated 01.07.2010 passed by the Commissioner for Workmen’s Compensation and the Assistant Commissioner of Labour, Dharmavaram in W.C.No.56 of 2005 in favour of the Respondent Nos.1 to 4. 2. The respondent Nos. 1 to 4 herein are the Claimants. As per the claim, the deceased Kalava Chinthala Rayudu was working as coolie in the tractor-cum- trailor bearing No.AP 02 V 2748 and 2749 belonging to the Respondent No.5 and was earning Rs.2,500/- per month. On 03.01.2003, the deceased along with other coolies had loaded firewood on the tractor to sell the same at Anantapur. While they were proceedings to Anantapur on instructions of the owner/employer i.e., respondent No.5 herein, the tractor met with an accident and the deceased died in the said accident. A criminal case was registered as Cr.No.01 of 2003 against the driver of the tractor. Therefore, the respondent Nos. 1 to 4, who are the dependants of the deceased, filed the claim petition seeking for compensation of Rs.2,50,000/-. The Commissioner, after referring to the documents and evidence of the respondents as AW.1 and AW.2, awarded compensation of Rs.1,74,269/- with interest at 12% P.A. from the date of claim application i.e., 14.02.2005, till realization, vide Order dated 01.07.2010. 3 3. Questioning the same, the present Appeal is filed by the Insurance Company. 4. As Notice to Respondent No.1 was not served, this Court on 08.07.2016 passed the following Order: “Learned counsel for Petitioner(s)/Appellant(s) is permitted to Learned Counsel for the Petitioner/Appellant is permitted to take out personal notice to the respondents and file proof of service into the Registry personal notice to the respondent No.1 through registered post with acknowledgment due and file proof of service within four(4) weeks. Failing which, Petition/Appeal shall stand dismissed without reference to the Court as against the Respondent No.1. 5. As per the endorsement of the Registry, the above extracted order was not complied with by the Appellant/Insurance Company and consequently, the said Order was executed and the Appeal was dismissed against the Respondent No.1. Thereafter no application is filed to recall or set aside the said Order. 6. As the Respondents Nos. 2 to 4 are minors, they were represented by the Respondent No. 1. As the appeal stood dismissed against the Respondent No.1/ one of the Claimants, the appeal in entirety stood dismiss against the other claimants, and therefore, no cause survives for adjudication in this Appeal. In view of the same, the Appeal is liable to be dismissed. 4 7. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 28.01.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CMA No. 1005 of 2011 Date: 28.01.2025 eha U